Government Decree No. 113 / 1950 Coll.
Regulation setting out details of the transfer of civil servants and certain non-public servants, as well as of the beneficiaries of retirement (provision) salaries, to national pension insurance and insurance premiums reductions
Valid
Effective from 01.04.1950
113.
Government Regulation
of 11 July 1950
laying down details of the transfer of civil servants and certain non-public servants, as well as of the beneficiaries of resting (provision) salaries, to national pension insurance and insurance premiums reductions.
The Government of the Czechoslovak Republic hereby orders, pursuant to § 29 paragraph 2 and § 34 of Act No. 66 / 1950 Coll., on the employment and pay ratios of civil servants, § 30 paragraph 2 of Act No. 67 / 1950 Coll., on the employment and pay ratios of professional judges, prosecutors and judicial candidates, and § 255 paragraph 1 (a) of Act No. 99 / 1948 Coll., on national insurance:
Transfer to national insurance.
Scope of validity.
This section regulates national pension rights
1. civil servants who, on 1 April 1950, became participating in national pension insurance under Paragraph 29 (1) of Act No 66 / 1950 Coll.,
2. professional judges, prosecutors and waiting persons who, on 1 April 1950, became involved in national pension insurance under Article 30 (1) of Act No 67 / 1950 Coll.,
3. non-state public employees who were, until 31 March 1950, in active employment and until that date, excluded from national pension insurance and covered by Act No 66 / 1950 Coll. (hereinafter referred to as "the staff ') and the survivors thereof,
4. persons who, on 31 March 1950, were beneficiaries of and survivors of resting (provision) salaries from state or other public pension arrangements ("pensioners").
Staff in active duty.
Basic provisions.
If the idea of benefits is reached after 31 March 1950, the rights of employees, their family members and survivors of employees under the general rules on national pension insurance shall be assessed, with derogations provided for below.
Retirement.
(1) An old-age (invalidity) pension belonging to a national insurance worker is increased by the amount by which his retirement pay, without the education and special allowance, would have been paid to him from the state pension provision, calculated in accordance with § § 2, 4 and 5 on the same day, would have been paid to him on 31 March 1950. Paragraph 71 (8) of the National Insurance Act applies mutatis mutandis.
(2) National insurance income due to survivors of employees shall be increased by half the increase referred to in paragraph 1.
(3) The entitlement to an increase referred to in paragraphs 1 and 2 shall also apply if the employment of the staff member is terminated before the idea of retirement, but the staff member would be sentenced to the loss of civil rights or his employment would be terminated without notice (Paragraph 20 of Act No 66 / 1950 Coll.), following the case of judges as a result of the disciplinary sentence of dismissal (Paragraph 14 (2) of Act No 67 / 1950 Coll.).
Time attributable.
(1) For the establishment and amount of the entitlements referred to in Article 2, the term of national pension insurance shall be considered as:
(a) the allowance period (counted) for an area of resting (provision) salaries; and
(b) other periods completed in national (public) pension insurance.
The periods covered only count once.
(2) The period during which the resting (provision) salaries from the state pension provision have been paid shall be considered as a replacement period under Section 61 (2) (e) of the National Insurance Act.
Measurement basis.
(1) For the annual average of the assessment bases pursuant to Section 71 (5) of the National Insurance Act, the regular service (work) income is calculated for the period from 1 January 1946 to 31 March 1950, including the advance payment. In doing so, no account shall be taken of amounts exceeding CZK 120.000 per year.
(2) Regular service (employment) income within the meaning of paragraph 1 shall mean the types of income which are relevant for the determination of the compensatory allowance pursuant to Paragraph 28 (4) of Law No 66 / 1950 Coll. or Article 32 (6) of the Law No 67 / 1950 Coll., at the rate fixed for the group of places of activity A, and any actual revenue.
Lowest area of retirement.
(1) The old-age (invalidity) pension, including the increase provided for in Article 3, must not be lower than the rest pay (without the educational and special allowance) to which the staff member would have been entitled if he had been retired on 31 March 1950.
(2) The sum of the survivor's pensions may not be less than the sum of the similar provision salaries they would have had had the staff member died on 31 March 1950.
Pensists.
Duration of entitlement to resting (provision) salaries.
(1) Pension pensions are treated as pensions under the National Insurance Act as from 1 April 1950.
(2) Pensions of pensioners shall be reduced or withdrawn only if the current rules on state (public) pension arrangements allow for this.
(3) The reduction of pensions under Article 92 (1) and Article 274 of the National Insurance Act remains unaffected.
(4) If the pensioner whose pension is no longer entitled to a pension is entitled to a pension, he shall be entitled to the pension at least at the rate specified in Section 6.
(5) The pension is payable to pensioners who are deceased after 31 March 1950 if the conditions laid down in the National Insurance Act are met and if the education allowance is covered by the State pension scheme. The amount of the pension, after the education allowance, shall be determined in accordance with the state (public) pension scheme rules.
Taking over the resting (provision) salaries by the Central National Insurance Corporation.
(1) The Central National Insurance Corporation shall take over the resting (provision) salaries of persons covered by this Regulation in the manner and within the deadlines laid down by the Ministry of Labour and Social Welfare in an agreement with the Ministry of Finance.
(2) The Central National Insurance Corporation shall take over the necessary number of employees and technical installations of the authorities still competent in the pension (commission) business of the persons referred to in paragraph 1. The Ministry of Labour and Social Welfare shall provide details in agreement with the central authorities involved.
Notification obligation.
(1) The authorities responsible for the national pension (temporary) arrangements of the persons referred to in Article 1 shall immediately inform the Central National Insurance Corporation or its Territorial Organisational Component and the staff member of the institution and, if the idea of retirement occurs before that date, the circumstances applicable to the award and assessment of the benefits of the staff member and their survivors, in particular, the deductible period of service, the amount of the service income determined pursuant to Article 5 and the amount of the retirement (provision) salary to which the staff member would be entitled on 31 March 1950.
(2) The details are set out by the Ministry of Labour and Social Welfare in an agreement with the Ministry of Finance.
Insurance.
(1) State employees subject to the pay schedule issued pursuant to § 32 of Act No. 66 / 1950 Coll., or under § 31 of Act No. 67 / 1950 Coll., pay 2% for sickness insurance and their employer 4,8% for the assessment basis established under § 20 (1) and (5) to (8) of the National Insurance Act. Pension insurance and accident allowance shall be paid by the employer.
(2) Paragraph 1 applies mutatis mutandis to the employees referred to in Paragraph 2 (2) of Act No 66 / 1950 Coll. or in Paragraph 34 of this Act, if the Government so provides.
(3) In an agreement with the Ministry of Finance, the Ministry of Labour and Social Welfare may provide that the insurance premiums for the staff referred to in paragraphs 1 and 2 shall be paid in aggregate.
Final provisions.
The Ministry of Labour and Social Welfare may, in agreement with the participating central authorities and after hearing a single trade union organisation, lay down details of the implementation of this Regulation, in particular the provision of medical assessment services by doctors who did this service by 31 March 1950 for the authorities referred to in Article 9, depending on the nature of the case by a decree in the Official Journal.
The Ministry of Labour and Social Welfare may act in agreement with the participating central authorities and, after hearing, the uniform trade union organisation of measures to eliminate the difficulties that would arise in implementing this Regulation.
The measures taken pursuant to the existing rules on public pension arrangements from the date of entry into force until the date of publication of this Regulation in matters covered by the first section of this Regulation shall remain unaffected. However, the central national insurance undertaking may, by 30 June 1951, review the measures referred to in the previous sentence in accordance with the national insurance rules and re-decide.
This Regulation shall enter into force on 1 April 1950. they shall be carried out by the Minister for Labour and Social Welfare in agreement with participating members of the Government.
Zaporocký v. r.
Erban v. r.
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Regulation Information
| Citation | Government Decree No. 113 / 1950 Coll., laying down the details of the transfer of civil servants and certain non-public servants, as well as the recipients of the resting (provision) salaries, to national pension insurance and insurance deduction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.08.1950 |
|---|---|
| Effective from | 01.04.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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